{"id":5327,"date":"2017-08-10T20:37:36","date_gmt":"2017-08-10T20:37:36","guid":{"rendered":"https:\/\/www.dev.allcode.com\/?page_id=5327"},"modified":"2022-02-28T23:32:32","modified_gmt":"2022-02-28T23:32:32","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/dev.allcode.com\/terms-conditions\/","title":{"rendered":"Terms &#038; Conditions"},"content":{"rendered":"<p style=\"text-align: center;\"><b>Website Terms of Use<\/b><\/p>\n<p style=\"text-align: center;\"><b>Version 1.1<\/b><\/p>\n<p style=\"text-align: center;\"><b>Last revised on: February 28, 2022<\/b><\/p>\n<p><span style=\"font-weight: 400;\">The website located at dev.allcode.com (the \u201c<\/span><b>Site<\/b><span style=\"font-weight: 400;\">\u201d) is a copyrighted work belonging to MobileAWS, LLC d\/b\/a AllCode (\u201c<\/span><b>Company<\/b><span style=\"font-weight: 400;\">\u201d, \u201c<\/span><b>us<\/b><span style=\"font-weight: 400;\">\u201d, \u201c<\/span><b>our<\/b><span style=\"font-weight: 400;\">\u201d, and \u201c<\/span><b>we<\/b><span style=\"font-weight: 400;\">\u201d). \u00a0Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. \u00a0All such additional terms, guidelines, and rules are incorporated by reference into these Terms.<\/span><br \/>\n<span style=\"font-weight: 400;\">THESE TERMS OF USE (THESE \u201c<\/span><b>TERMS<\/b><span style=\"font-weight: 400;\">\u201d) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. \u00a0BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). \u00a0YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. \u00a0IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND\/OR USE THE SITE.<\/span><br \/>\n<span style=\"font-weight: 400;\">THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.<\/span><\/p>\n<ul>\n<li><b>Accounts <\/b><\/li>\n<\/ul>\n<ul>\n<li>Account Creation. \u00a0<span style=\"font-weight: 400;\">In order to use certain features of the Site, you must register for an account (\u201c<\/span>Account<span style=\"font-weight: 400;\">\u201d) and provide certain information about yourself as prompted by the account registration form. \u00a0You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. \u00a0Company may suspend or terminate your Account in accordance with Section 8. <\/span><\/li>\n<\/ul>\n<ul>\n<li>Account Responsibilities.<span style=\"font-weight: 400;\"> \u00a0You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. \u00a0You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. \u00a0Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Access to the Site<\/li>\n<\/ul>\n<ul>\n<li>License. <span style=\"font-weight: 400;\">\u00a0Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Certain Restrictions. \u00a0<span style=\"font-weight: 400;\">The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. \u00a0Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. \u00a0All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Modification.<span style=\"font-weight: 400;\"> \u00a0Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. \u00a0You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.<\/span><\/li>\n<\/ul>\n<ul>\n<li>No Support or Maintenance.<span style=\"font-weight: 400;\"> \u00a0You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Ownership. \u00a0<span style=\"font-weight: 400;\">Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company\u2019s suppliers. \u00a0Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. \u00a0There are no implied licenses granted under these Terms.<\/span><\/li>\n<\/ul>\n<ul>\n<li>User Content<\/li>\n<\/ul>\n<ul>\n<li>User Content.<span style=\"font-weight: 400;\"> \u00a0\u201c<\/span>User Content<span style=\"font-weight: 400;\">\u201d means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user\u2019s profile or postings). \u00a0You are solely responsible for your User Content. \u00a0You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. \u00a0You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). \u00a0You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. \u00a0Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. \u00a0Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. \u00a0You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.<\/span><\/li>\n<\/ul>\n<ul>\n<li>License.<span style=\"font-weight: 400;\"> \u00a0You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. \u00a0You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Acceptable Use Policy. \u00a0<span style=\"font-weight: 400;\">The following terms constitute our \u201c<\/span>Acceptable Use Policy<span style=\"font-weight: 400;\">\u201d:<\/span><\/li>\n<\/ul>\n<ul>\n<li><span style=\"font-weight: 400;\">You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another\u2019s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.<\/span><\/li>\n<\/ul>\n<ul>\n<li><span style=\"font-weight: 400;\">In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) \u00a0use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user\u2019s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).<\/span><\/li>\n<\/ul>\n<ul>\n<li>Enforcement. \u00a0<span style=\"font-weight: 400;\">We reserve the right (but have no obligation) to review any User Content, and to investigate and\/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and\/or reporting you to law enforcement authorities.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Feedback.<span style=\"font-weight: 400;\"> \u00a0If you provide Company with any feedback or suggestions regarding the Site (\u201c<\/span>Feedback<span style=\"font-weight: 400;\">\u201d), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. \u00a0Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. \u00a0You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Indemnification. \u00a0\u00a0<span style=\"font-weight: 400;\">You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys\u2019 fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. \u00a0Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. \u00a0You agree not to settle any matter without the prior written consent of Company. \u00a0Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Third-Party Links &amp; Ads; Other Users<\/li>\n<\/ul>\n<ul>\n<li>Third-Party Links &amp; Ads. \u00a0<span style=\"font-weight: 400;\">The Site may contain links to third-party websites and services, and\/or display advertisements for third parties (collectively, \u201c<\/span>Third-Party Links &amp; Ads<span style=\"font-weight: 400;\">\u201d). \u00a0Such Third-Party Links &amp; Ads are not under the control of Company, and Company is not responsible for any Third-Party Links &amp; Ads. \u00a0Company provides access to these Third-Party Links &amp; Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links &amp; Ads. \u00a0You use all Third-Party Links &amp; Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links &amp; Ads, the applicable third party\u2019s terms and policies apply, including the third party\u2019s privacy and data gathering practices. \u00a0You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links &amp; Ads.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Other Users. \u00a0<span style=\"font-weight: 400;\">Each Site user is solely responsible for any and all of its own User Content. \u00a0Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. \u00a0We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. \u00a0Your interactions with other Site users are solely between you and such users. \u00a0You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. \u00a0If there is a dispute between you and any Site user, we are under no obligation to become involved.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Release. <span style=\"font-weight: 400;\">\u00a0You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links &amp; Ads). \u00a0IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: \u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\u201d<\/span><\/li>\n<\/ul>\n<ul>\n<li>Disclaimers<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">THE SITE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. \u00a0WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. \u00a0IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. \u00a0SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. \u00a0<\/span><\/p>\n<ul>\n<li><b>Limitation on Liability<\/b><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \u00a0ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. \u00a0<\/span><br \/>\n<span style=\"font-weight: 400;\">TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. \u00a0YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.<\/span><br \/>\n<span style=\"font-weight: 400;\">SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. \u00a0\u00a0<\/span><\/p>\n<ul>\n<li><b>Term and Termination. \u00a0\u00a0<span style=\"font-weight: 400;\">Subject to this Section, these Terms will remain in full force and effect while you use the Site. \u00a0We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. \u00a0Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. \u00a0You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. \u00a0Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. \u00a0Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.<\/span><\/b><\/li>\n<\/ul>\n<ul>\n<li>Copyright Policy.<\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Company respects the intellectual property of others and asks that users of our Site do the same. \u00a0In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. \u00a0If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. \u00a7 512(c)) must be provided to our designated Copyright Agent:<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">your physical or electronic signature;<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">identification of the copyrighted work(s) that you claim to have been infringed;<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">identification of the material on our services that you claim is infringing and that you request us to remove;<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">sufficient information to permit us to locate such material;<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">your address, telephone number, and e-mail address;<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">Please note that, pursuant to 17 U.S.C. \u00a7 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney\u2019s fees incurred by us in connection with the written notification and allegation of copyright infringement.<\/span><\/p>\n<ul>\n<li><b>General<\/b><\/li>\n<\/ul>\n<ul>\n<li>Changes.<span style=\"font-weight: 400;\"> \u00a0These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and\/or by prominently posting notice of the changes on our Site. \u00a0You are responsible for providing us with your most current e-mail address. \u00a0In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. \u00a0Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. \u00a0These changes will be effective immediately for new users of our Site. \u00a0Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Dispute Resolution. <i>Please read this Arbitration Agreement carefully. \u00a0It is part of your contract with Company and affects your rights. \u00a0It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.<\/i><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Applicability of Arbitration Agreement.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. \u00a0Unless otherwise agreed to, all arbitration proceedings shall be held in English. \u00a0This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Notice Requirement and Informal Dispute Resolution<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (<\/span>\u201cNotice\u201d<span style=\"font-weight: 400;\">) describing the nature and basis of the claim or dispute, and the requested relief. \u00a0A Notice to the Company should be sent to: 564 Market Street, San Francisco, California 94112. \u00a0After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. \u00a0If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. \u00a0The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.<\/span><\/li>\n<\/ul>\n<ul>\n<li><span style=\"font-weight: 400;\">Arbitration Rules. \u00a0Arbitration shall be initiated through the American Arbitration Association (<\/span>\u201cAAA\u201d<span style=\"font-weight: 400;\">), an established alternative dispute resolution provider (<\/span>\u201cADR Provider\u201d<span style=\"font-weight: 400;\">) that offers arbitration as set forth in this section. \u00a0If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. \u00a0The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and\/or demanding arbitration, except to the extent such rules are in conflict with the Terms. \u00a0The AAA Consumer Arbitration Rules (<\/span>\u201cArbitration Rules\u201d<span style=\"font-weight: 400;\">) governing the arbitration are available online at <\/span><a href=\"http:\/\/www.adr.org\"><span style=\"font-weight: 400;\">www.adr.org<\/span><\/a><span style=\"font-weight: 400;\"> or by calling the AAA at 1-800-778-7879. \u00a0The arbitration shall be conducted by a single, neutral arbitrator. \u00a0Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. \u00a0For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. \u00a0Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. \u00a0If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. \u00a0If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. \u00a0Each party shall bear its own costs (including attorney\u2019s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Additional Rules for Non-Appearance Based Arbitration<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and\/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. \u00a0The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Time Limits.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0If you or the Company pursue arbitration, the arbitration action must be initiated and\/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Authority of Arbitrator<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. \u00a0The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. \u00a0The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. \u00a0The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. \u00a0The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. \u00a0The award of the arbitrator is final and binding upon you and the Company.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Waiver of Jury Trial.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. \u00a0Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. \u00a0In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Waiver of Class or Consolidated Actions<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. \u00a0<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Confidentiality<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. \u00a0The parties agree to maintain confidentiality unless otherwise required by law. \u00a0This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Severability<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Right to Waive.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. \u00a0Such waiver shall not waive or affect any other portion of this Arbitration Agreement.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Survival of Agreement<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0This Arbitration Agreement will survive the termination of your relationship with Company. \u00a0<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Small Claims Court.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Emergency Equitable Relief<\/span><\/i><span style=\"font-weight: 400;\">. \u00a0Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. \u00a0A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Claims Not Subject to Arbitration. <\/span><\/i><span style=\"font-weight: 400;\">\u00a0Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party\u2019s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.<\/span><\/li>\n<\/ul>\n<ul>\n<li><i><span style=\"font-weight: 400;\">Courts.<\/span><\/i><span style=\"font-weight: 400;\"> \u00a0In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for such purpose <\/span><\/li>\n<\/ul>\n<ul>\n<li>Export. <span style=\"font-weight: 400;\">The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. <\/span><\/li>\n<\/ul>\n<ul>\n<li>Disclosures.<span style=\"font-weight: 400;\"> \u00a0Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Electronic Communications.<span style=\"font-weight: 400;\"> \u00a0The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Entire Terms.<span style=\"font-weight: 400;\"> These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word \u201cincluding\u201d means \u201cincluding without limitation\u201d. \u00a0If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. \u00a0Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. \u00a0These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company\u2019s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. \u00a0Company may freely assign these Terms. \u00a0The terms and conditions set forth in these Terms shall be binding upon assignees. <\/span><\/li>\n<\/ul>\n<ul>\n<li>Copyright\/Trademark Information<span style=\"font-weight: 400;\">. \u00a0Copyright \u00a9 <\/span><span style=\"font-weight: 400;\">2017-2019 <\/span><span style=\"font-weight: 400;\">MobileAWS, LLC d\/b\/a AllCode. All rights reserved. \u00a0All trademarks, logos and service marks (\u201c<\/span>Marks<span style=\"font-weight: 400;\">\u201d) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.<\/span><\/li>\n<\/ul>\n<ul>\n<li>Contact Information:<\/li>\n<\/ul>\n<p>Email: Support@dev.allcode.com<\/p>\n<p><span style=\"font-weight: 400;\">Address: <\/span><br \/>\n<span style=\"font-weight: 400;\">MobileAWS LLC, dba AllCode<br \/>\n2021 Fillmore Street<br \/>\nSte #1128<br \/>\nSan Francisco, CA 94115-2708<br \/>\n(415) 890-6431<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Website Terms of Use Version 1.1 Last revised on: February 28, 2022 The website located at dev.allcode.com (the \u201cSite\u201d) is a copyrighted work belonging to MobileAWS, LLC d\/b\/a AllCode (\u201cCompany\u201d, \u201cus\u201d, \u201cour\u201d, and \u201cwe\u201d). \u00a0Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site [&hellip;]<\/p>\n","protected":false},"author":15,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"class_list":["post-5327","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/pages\/5327","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/comments?post=5327"}],"version-history":[{"count":0,"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/pages\/5327\/revisions"}],"wp:attachment":[{"href":"https:\/\/dev.allcode.com\/wp-json\/wp\/v2\/media?parent=5327"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}